Disciplinary Proceedings

Listen to this article

WI Supreme Court

Case Name: Office of Lawyer Regulation v. Gerald P. Boyle

Case No.: 2014AP482-D

Practice Area: Disciplinary Proceedings

Attorney license suspended for 60 days for six counts of misconduct

“As for the level of discipline, we agree with the referee that a 60-day suspension of Attorney Boyle’s law license is appropriate. As stated above, Attorney Boyle concedes the misconduct alleged in Counts One, Two, and Six, which generally concern his lack of a written fee agreement and his deposit of D.P.’s and R.G.’s advanced fee payments into his busines account without properly using the alternative fee placement provisions permitted by SCR 20:1.15(b)(4m). As also explained above, we agree with the referee that Attorney Boyle failed to promptly comply with D.P.’s reasonable requests for information, and failed to act with reasonable diligence and competence in representing D.P. These six counts of misconduct, when considered together with Attorney Boyle’s three prior private reprimands, easily justify a 60-day suspension. See, e.g., In re Disciplinary Proceedings Against Hahnfeld, 2007 WI 123, 305 Wis. 2d 48, 739 N.W.2d 280 (60-day suspension for attorney’s misconduct, which included failing to act with reasonable diligence in representing clients, failing to keep clients informed, and failing to explain the basis or rate of fees); see also In re Disciplinary Proceedings Against Kasprowicz, 2007 WI 67, 301 Wis. 2d 82, 732 N.W.2d 427; (60-day suspension for attorney’s failure to act with reasonable diligence and to communicate with client in one case, failure in another case to respond to numerous court orders and directives, failure in both cases to deposit advanced fees into his client trust account, and failure to cooperate with disciplinary investigation); see also In re Disciplinary Proceedings Against Harris, 2010 WI 9, 322 Wis.2d 364, 778 N.W.2d 154 (60-day suspension for failure to keep a client informed as to the status of a matter and failure to keep a client informed and respond to a client’s request for information).”

ABRAHAMSON, J., dissents. (Opinion Filed)

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.